The delivery of a document, which has been filed with the court, to another party to the proceeding, in accordance with the Rules. Part 2 of the Rules set out how to file and serve documents, including the method of service and the time frames (see Rules 3 to 5). Only a notice of appeal must be served on the respondent personally or served on the respondent’s lawyer of record in the court appealed from.
A person, other than the appellant, who was a party to the proceedings in the court appealed from, and whose interests are affected by the relief requested by the appellant in an appeal. A respondent can also refer to a person who is added, under the Rules, as a respondent to an appeal.
When a judge or judges do not immediately give their decision, but issue a written decision at a later date.
Remedies can be monetary, declaratory or injunctions. Monetary remedies (damages) are most common. The Court of Appeal “remedies” include affirming or reversing the original decision, varying in total or in part the judgment of the lower court, and in some cases, ordering a new trial.
The recording by the court staff of all appearances and/or proceedings and their outcomes before the Court.
The division of appeal judges before whom a case is/was heard. Three justices constitute a quorum of the court.
When the Court gives a judgment (decision), it is referred to as being pronounced and becomes binding at that time. An appeal must be launched within 30 days of the date of pronouncement, whether an order has been filed with the Registry or not.
Pleadings are the documents that the parties exchange to commence a lawsuit (e.g., the notice of civil claim, the notice of appeal, notice of motion, etc.), and file in court. They set out the facts and circumstances of the case, which both parties will try to prove in court to support their claim or defence.
A participant in a legal proceeding. In an appeal, a party refers to the appellant or a respondent who, in accordance with the Rules, is a participant in the appeal. The party who brings the proceeding to the Court of Appeal is called the appellant. The party against whom an appeal is brought and who must respond to the appellant’s case is called the respondent.
A decision of a Court or other decision-making body. It may or may not be the final outcome of the matter. An order includes a judgment, a decree, and an opinion, advice, direction, determination, decision, or declaration that is specifically authorized or required under an enactment to be given or made.